Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Return filed in response to a notice issued in search-related proceedings substitutes the original return filed earlier, and the assessee may lodge fresh or additional claims in abated assessments arising from search and seizure proceedings. The legal effect is that statutory provisions ordinarily applicable to returns filed under normal assessment processes apply equally to returns in search-related proceedings, permitting reopening of claims and consideration of new claims in abated years. An appellate authority's dismissal of appeals as infructuous was found erroneous, requiring fresh adjudication on admissibility and sustainability of the additional claims and remand for decision on merits.
Return filed in response to a notice issued in search-related proceedings substitutes the original return filed earlier, and the assessee may lodge fresh or additional claims in abated assessments arising from search and seizure proceedings. The legal effect is that statutory provisions ordinarily applicable to returns filed under normal assessment processes apply equally to returns in search-related proceedings, permitting reopening of claims and consideration of new claims in abated years. An appellate authority's dismissal of appeals as infructuous was found erroneous, requiring fresh adjudication on admissibility and sustainability of the additional claims and remand for decision on merits.
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